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HomeMy WebLinkAbout14268 ORD - 04/12/1978JKH:hb:4 /10/78 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH URBAN ENGINEERING FOR ENGINEERING SERVICES FOR THE DESIGN OF IMPROVEMENTS, REHABILITATION AND SLIP - LINING OF THE McARDLE ROAD SANITARY SEWER LINE, FROM NILE DRIVE TO CARROLL LANE AND ALONG CARROLL LANE TO THE END OF THE SEWER LINE, ALL AS MORE FULLY DESCRIBED IN THE ENGINEERING CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $186,000 FOR ENGINEERING SER- VICES OUT OF THE NO. 250 SANITARY SEWER BOND FUND, FOR PROJECT NO. 250 -77 -7, McARDLE ROAD MAIN LINING, NILE DRIVE TO CARROLL LANE; AND DECLARING AN EMERGENCY. N BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager is hereby authorized and directed to execute for and on behalf of the City of Corpus Christi, a contract with Urban Engineering for engineering services in connection with the design of improvements, rehabilitation and slip - lining of the McArdle Road "sanitary sewer line from Nile Drive to Carroll Lane and along Carroll Lane to the end of the sewer line, designated as Project No. 250 -77 -7, in accordance with the terms of the contract, a copy of which is attached hereto, marked Exhibit "A" and made a part hereof. SECTION 2. That there is hereby appropriated $186,000 out of the No. 250 Sanitary Sewer Bond Fund for engineering services for Project No. 250 -77 -7. SECTION 3. The necessity for immediately commencing and pro- ceeding with the project as outlined hereinabove and the employment of engineers to perform such services creates a public emergency and an imperative public necessity requiring the suspension of the Charter rule that no ordinance or resolution shall be passed finally on the date of its introduction but that such ordinance or resolution shall be read at three several meetings of the City Council, and the Mayor having declared that such emergency and necessity exhist, having requested the suspension of the Charter rule and that this ordinance be passed finally on the date of its introduction and take effect and be in full force and effect from and after its passage, IT IS ACCORDINGLY SO ORDAINED, this the l day of April, 1978. ATTEST• Ci Secretar ,y MAYOR APPROVED:DAY OF APRIL, 1978: THE CITY F RPUS CHRISTI, TEXAS J. BRUCE YCOCK, CITY ATTORNEY MICROFILMFn By Ws tqn i orney g�2�8 JUL 0 �OJB� C O N T R A C T ENGINEERS' SERVICES THE STATE OF TEXAS X COUNTY OF NUECES The City of Corpus Christi, hereinafter called "City ", and Urban Engineer- ing, hereinafter called "Engineer ", whether one -or more, agree as follows: 1. SERVICES TO BE PERFORMED. The Engineer hereby agrees, at his own expense, to perform all engineering services necessary to properly develop design plans and specifications for the following improvements to the City of Corpus Christi Sanitary Sewer System. The project is generally known as "McArdle Sanitary Sewer" and its scope is as follows: "The project includes the rehabilitation of the McArdle Road Sanitary Sewer System from Nile Drive to Carroll Lane and along Carroll Lane to the end of the 42" sewer. The rehabili- tation will include, but will not be limited to, the slip - lining of the existing 42" concrete sewer with a P.V.C. or other suitable liner. The work shall not be limited to slip- lining only but, if more permanent means to rehabilitate are found, they will be considered by the Engineer. The project will be divided into phases." It is contemplated that a preliminary conference between City representatives and the Engineer shall outline the details of the project with the Engineer proceeding with the work on the first phase and any subsequent phases as directed in accord- ance with written request as may be determined at said conference. The services of the Engineer shall include, but not be limited to the following: A. Preliminary Phase: Scope of Basic Services: 1) Participation i& preliminary conferences with the owner regarding the project; . 2) Preparation of preliminary engineering report and feasi- bility studies directly related to and part of the preliminary design work being considered; such report to be coordinated with related work in the area; 3) Submission of five copies of the preliminary report and the Engineer's specific recommendations to the City for approval prior to proceeding with any further work; 4) Preparation of tentative cost estimates of the proposed phase or phases of construction; B. Design Phase: Scope of Basic Services: 1) Field surveys necessary for design of the approved phase or phases of the project. Where surveys are needed for structures, Engineer shall provide such surveys as well as those for design; 2) City will provide all utility information on record and,' in critical areas, City will uncover lines for the Engineer for verification; 3) Evaluation of pipe conditions by the television video system_ Television system and operation at said system to be the responsibility of the City. 4) Preparation of detailed contract drawings on reproducible . linen or plastic and specifications for construction authorized by the Owner; 5) Preparation of detailed cost estimates and bidders' proposal forms for authorized construction; 6) Furnishing five copies of plans and thirty sets of speci- fications, Notice to Bidders, and bidders' proposals; additional copies of plans, if requested by City, shall be furnished, with City paying cost of reproduction; 7) Assistance to the Owner in securing bids; 8) Assistance in the tabulation and analysis of bids and furnishing recommendations on the award of construction contracts. 9) Assistance in the engineering phases of the preparation of final documents after award is made; 10) Provide all other Engineering information required for the prosecution of the design work but not limited to the items above. C. Construction Phase: Scope of Basic Services: 1) Performing general supervision and administration of author- ized construction (as distinguished from continuous resident field inspection), including periodic visits of the Engineer or a competent representative of the Engineer to the site of construction. In the administration of the project, the Engineer will endeavor to protect the Owner against defects and deficiencies in the work of contractors, but he does not' guarantee the performance of their contracts; 2) Consultations with and advice to the Owner during construction; 3) Checking of shop and working drawings furnished by contractors; 4) Review of laboratory, shop and mill tests of materials and equipment; as well as interpretation of the television video system; 5) Preparation and review of monthly and final estimates for payments to contractors and preparation of all forms necessary for submission to State and Federal Agencies with the estimate form; 6) Supervision of initial operation of the project, or of performance tests required by specifications; 7) Revision of contract drawings, with the assistance -of the resident engineer, to show the work as actually constructed which does not require field work or measurements for this purpose or redrawing of sheets; 8) Submission of a summary of inspectors monthly progress reports and assistance to the City in the administration phase of the project; - 9) Provide all other services necessary for the prosecution of the work exclusive of resident inspection and laboratory testing and staking services, but not limited to the items listed above, 2. COST OF THE PROJECT - PRELIMINARY ESTIMATE. The City has budgeted the sum of three million six hundred thousand dollars (3,600,000) for the project inclusive of engineering and legal expenses. The Engineer shall make such revisions in the preliminary plans as may be required to reduce the estimated cost to the budgeted amount or to such greater sum as the City shall consider acceptable. - 2 - a City shall not be obligated to accept the preliminary plans and drawings until this is done. 3. COST OF THE PROJECT - FINAL BIDS. The Engineer shall endeavor to design the project so that its total cost will not exceed the budgeted amount stated in the foregoing paragraph; or if a greater sum is authorized by the City at the time of its approval of the preliminary plans and drawings, not in excess of that amount. If, at the time bids are received,no bid is received within this limitation in' amount, the City may require the Engineer to make such revisions in the plans and specifications as may be necessary to reduce the total cost of the construction to the budgeted amount. This shall not be construed to require the Engineer to make any such revisions if his plans and specifications would comply with the provision of this paragraph except for increases in the costs of labor or materials during the period elapsing between the completion of preliminary plans and the opening of bids. 4. FEE. The Owner will pay to the Engineer a fee of six percent (6.0%) of the contract price for the construction on the project; or such stages or phases of stages thereof as have been authorized, which shall constitute complete compensation for all services which he agrees to perform in this contract. "Construction Cost" is defined as the total cost to the Owner for the execution of the work authorized at one time and handled in each separate phase of engineering services, excluding fees or other cost for engineering and legal service, the cost of land, rights -of -way, legal and administrative expenses; but including the direct cost to the owner of all construction contract items of construction, including labor, materials and equipment, required for the completed work (including extras by Change Order except as indicated below) and the total value at site of project of all labor, materials and equipment purchased or furnished directly by the Owner for the project. The Engineer will not be paid a fee for any increases in the construction cost resulting from Change Order and resulting from negligence of the Engineer. The fee shall be payable as follows: A. 25% of the basic fee of 6.0% upon completion and acceptance by the City of the preliminary plans and report, sketches, and cost estimates, meeting the requirements of paragraphs lA above. This portion of the fee will be based on the budgeted amount of the contract or on the preliminary estimate of cost, whichever is the lesser amount. - 3 - T. 50% of the basic fee of 6.0% upon the completion and acceptance by the City of detailed final plans and . specifications meeting the requirements of Paragraphs 1B above of such stages as have been authorized. If bids have not been solicited by 120 days after the completion of detailed plans and specifications to which the City has no reasonable objection, this 50% of the fee shall be payable at that time. In this event it will be based on the budgeted amount of the contract or on the detailed construction cost estimate, whichever is the lesser amount. C. 25% of the basic fee of 6.0% shall be paid during the course of construction in monthly payments. Each monthly payment shall bear a relation to the amount paid on the construction contract which is the same as 25% of this said fee bears to the total construction cost. 5. TERMINATION OF CONTRACT. The City may at any time, with or without cause, terminate this contract. In this event the Engineer shall be compensated for his service on all stages authorized as follows: A. If termination occurs prior to the final completion and approval of the drawings and specifications, the Engineer shall be paid a reasonable compensation for the services actually- rendered by him in accordance with the above described schedule of fees and in proportion to the amount of work done on such stage or phase of stages as have been authorized. B. If termination occurs after final completion and approval of the drawings and specifications, the fee of the Engineer shall be 50% of the basic fee based on Engineer's construction estimate submitted with the Design Phase, plus the fee paid for the preliminary phase, less the credit as aforedescribed. C. If termination occurs after the letting of contract, but • prior to the final completion or'acceptance by the City, the fees of the Engineer shall be computed in accordance with provisions of Paragraph 4 of this contract to the date of termination. D. The foregoing shall not be construed to require the City to compensate the Engineer for any services not performed in a proper professional manner suitable for use in the construction of the project contemplated by the parties to this agreement. E. If the Engineer should be unable to complete this contract due to death, illness, or any other cause beyond his reasonable control, he or his estate shall be compensated in the manner set forth above. 6. TIME AND ORDER OF ENGINEER'S SERVICES. The Engineer shall furnish the documents and personally render or provide the services required by the contract in such sequence and at such times as may be necessary to insure the prompt and continuous design and construction of the project. The Engineer agrees to furnish the preliminary studies and construction documents on the first phase of the project within 75 days from the date of this agreement. Subsequent phases must be completed within 120 days from the date of authorization to proceed by the Director of Engineering and Physical Development. - 4 - . . 7.. ASSIGNABILITY. The Engineer shall not assign, transfer or delegate any of his obligations or duties in this contract to any other person without the prior written consent of the City, except for the routine duties delegated to personnel of the engineer's staff. If the Engineer is a partnership, in the event of the termination of the partnership, this contract shall inure to the individual benefit of such partner or partners as the City may designate. No part of the Engineer's fee may be 'assigned in advance of receipt by the Engineer without written consent of the City. 8. OWNERSHIP OF DOCUMENTS. Upon completion of the project (or upon the termination of this contract, if previously terminated) the Engineer shall furnish to the City "As Built" plans, reproduced on linen or plastic drafting film from the original drawings, together with a correct and legible set of specifications. EXECUTED IN DUPLICATE, each of which shall be considered an original, this the day of 1978. ATTEST: THE CITY OF CORPUS CHRISTI City Secretary APPROVED: day-of 1978 J. BRUCE AYCOCK, CITY ATTORNEY By: Assistant.City Attorney ` zq}.10 Director of FinatXe ATTEST: Secretary 5 _ By. R. Marvin Townsend, City Manager URBAN ENGINEERING CITY OF CORPUS CHRISTI, TEXAS CERTIFICATION OF FUNDS (City Charter Article IV Section 21) March 13, 1978 I certify to the City Council that $ 186,000 , the amount required for the contract, agreement, obligation or expenditures contemplated in the above and foregoing ordinance is in the Treasury of the City of Corpus Christi to the credit of: Fund'No. and Name 250 Sanitary Sewer Bond Fund Project No. 250-77 -7 Project Name McArdle Road Main Lining, Nile Road to Carroll Dane from which it is proposed to be drawn, and such money is not appropriated for any other purpose. 7� L , l9_!L LLzf-;;� S- '&4" i ector of nce FIN 2 -55 Revised 7/31/68 Ili �1/ i� Corpus Christi, Texas _j Z day of ez.6 , - , 19 7P OF TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspension of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and"that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, A:2�: . -- MAYOR THE CITY F CORP U RISTI, TEXAS The Charter Rule was suspended by the following vote: Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample The above ordinance was passed Gabe Lozano, Sr. Bob Gulley David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample :e: